Doe v. Ladapo — Amicus Brief

ddavies Constitutional Law, U. S. Court of Appeals, Eleventh Circuit

The district court invalidated a Florida statute designed to protect minors from the current fad of transgenderism, for violation of the Equal Protection Clause. Our amicus brief rejected the district court’s assumption that a law based on transgender status was equivalent to racism.   We also showed that the district court erroneously relied on medical “standards” recommended by an Read More

Tennessee v. Cardona — Amicus Brief

ddavies Constitutional Law, U. S. Court of Appeals, Sixth Circuit

On April 29, 2024, the U.S. Department of Education issued a Final Rule which directed that under Title IX, discrimination ” on the basis of sex” includes discrimination on the basis of “sex stereotypes, sex characteristics, sexual orientation, and gender identity.”   Our brief argued that the DOE Rule does not implement, but rather undermines Title IX.  The Rule destroys Read More

Crouch v. Anderson — Amicus Brief Supporting Petition for Certiorari

ddavies Constitutional Law, U. S. Supreme Court

Our amicus brief filed today urges the Supreme Court to review a Fourth Circuit decision ordering West Virginia Medicaid to pay for gender transition procedures.  The opinion was based on modern transgender ideology, finding no difference between removal of cancerous tissue and removing healthy body parts.  The Fourth Circuit based its decision on that court’s Grimm v. Gloucester Co. School Board case — a case in which our firm filed four amicus briefs to prevent a girl from accessing the boys restroom.  Now that seemingly innocuous (and erroneous) precedent is being badly misused. The circuit court relied on Standards of Care of the World Professional Association for Transgender Health (“WPATH”), but in recent months, an abundance of evidence has surfaced that WPATH is an advocacy group, not an independent medical organization.  Even the American Society of Plastic Surgeons rescinded its support for and is reassessing its position on transgender surgery.  There was no justification to expand the Equal Protection Clause to require dangerous and irreversible procedures to make persons suffering a type of mental disorder feel better about themselves. Link to brief

“The Trace” Commentary on GOALS Summit in Knoxville

ddavies Election Law, Firearms Law, Press Coverage

“The Trace,” a website describing itself as “the only newsroom dedicated to reporting on gun violence,” covered the recent Gun Owners Advocacy and Leadership Summit in Knoxville.  The story stated:

“Many at the summit saw Harris as a threat to the continued vitality of that deterrent, not least because of her perceived determination to confiscate guns. Rallying gun Read More

West Virginia v. B.P.J. — Amicus Brief Supporting Petition for Certiorari

ddavies Constitutional Law, U. S. Supreme Court

Our amicus brief supports a petition for certiorari filed by the State of West Virginia, to protect its law protecting girls in girls’ sports from unfair and potentially dangerous competition from biological males.  Men have an unfair physical advantage over girls for many reasons, and allowing them to compete against girls deprives girls of the ability to develop their own abilities and be recognized for their achievements.  The Fourth Circuit, over a strong and thoughtful dissent, sacrificed girls’ sports on the altar of transgenderism.  The division in sports between girls  and boys has been well established and is unquestionably legal and constitutional.  The Grimm decision allowing a girl to use the boys’ restroom, on which the Fourth Circuit relied, is no precedent whatsoever for compelling a school to allow boy to compete against girls in girls’ sports.  Moreover, Grimm was based on the Standards of Care published by the World Professional Association for Transgender Health (“WPATH”), an organization has been exposed as having been a political player in the transgender wars, not  a neutral medical organization focused on actual health issues.  WPATH has tailored its standards to facilitate wins in court.  Even if a court believes a specific transgender person could benefit from some policy, that does not provide the judiciary the authority to override the state legislature and impose that policy on a state.  No court has the right to compel the rest of the country to sacrifice their liberty to satisfy those who wish to participate in what is, at base, an ancient Pagan practice, dangerous to all concerned.

Link to brief

Little v. Hecox — Amicus Brief Supporting Petition for Certiorari

ddavies Constitutional Law, U. S. Supreme Court

Our amicus brief supports a petition for certiorari filed by Governor Bradley Little of Idaho concerning the Idaho Fairness in Women’s Sports Act.  That law bars males from participation in girls’ supports based on clear factual findings of the legislature. The Ninth Circuit found the Act discriminatory and unconstitutional, believing that the new concept of transgenderism legally dislaces Read More

New York v. Trump — Amicus Brief

Jeremiah Morgan Constitutional Law, New York Appellate Division

Today, working with Steven J. Harfenist of Harfenist Kraut & Perlstein, LLP, our firm filed an amicus brief in support of President Trump’s appeal of New York’s fraud case against him and others connected to the Trump Organization. Our brief argued that New York’s law does not authorize the Attorney General to seek the equitable remedy of disgorgement where there is no harm Read More

U.S. v. Daniels — Amicus brief on remand

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed a second brief in a case challenging the constitutionality of 18 U.S.C. § 922(g)(3), this time on remand from the Supreme Court after it issued its decision in United States v. Rahimi. Our brief argued that Rahimi did not change the Bruen test that the Fifth Circuit had previously applied, and thus Rahimi would not change the outcome previously reached by the Fifth Circuit.

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Parents Protecting Our Children v. Eau Claire Area School District, Wisconsin — Amicus Brief Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari filed by a coalition of parents of schoolchildren in Eau Claire, Wisconsin. The parents are challenging a policy of the school district to assist children with sexual transitioning without telling the parents of those children. The lower courts dismissed the claims, concluding that the parents did not have standing to Read More

Fouts v. Bonta — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed an amicus brief in the Ninth Circuit in support of a challenge to California’s ban on billy clubs. Applying Bruen, our brief explained that billy clubs are protected by the plain text of the Second Amendment. Even if historical analogues were review, California failed to provide any relevant precedent for its ban on sticks.

Link to brief

Lake v. Hobbs — Amicus Brief in support of motion to recall mandate

Jeremiah Morgan Election Law, U. S. Court of Appeals, Ninth Circuit

Today, we filed an amicus brief in the Ninth Circuit in support of Arizona candidates Kari Lake and Mark Finchem’s motion to recall the mandate for fraud on the court. Our amicus brief discussed the key role the judiciary plays in protecting free and fair elections. When an elected official in charge of supervising elections is then a candidate in another election, the courts must take a particularly Read More

Nguyen v. Bonta — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed an amicus brief in an appeal in the Ninth Circuit, supporting a challenge to California’s law limiting firearm purchases to one per month. Our brief demonstrated that California’s law violates the Second Amendment by applying Bruen’s text and history test. The acquisition of firearms is clearly protected by the plain text of the Second Amendment, and the California Read More

Texas v. ATF — Temporary Restraining Order Issued

Jeremiah Morgan Administrative Law, Firearms Law, Litigation, U. S. District Court, Northern District of Texas

Last night, on the eve of the effective date of the ATF’s final rule “Definition of ‘Engaged in the Business’ as a Dealer in Firearms,” the U.S. District Court for the Northern District of Texas issued a temporary restraining order until June 2 against the enforcement of the rule against Texas, Jeffery Tormey, Gun Owners of America, Inc., Gun Owners Foundation, Tennessee Firearms Association, Read More

Baird v. Bonta — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed an amicus brief in a challenge to California’s near-complete ban on open carry of firearms. Our brief exposed how the district court rewrote the issues of the case so that it could reach its own predetermined decision, criticized and then rejected the Supreme Court’s decision in Heller and Bruen, and upheld yet another California law violating Read More

Lake v. Fontes — Amicus Brief for Maricopa County GOP

Jeremiah Morgan Constitutional Law, Election Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of the petition for writ of certiorari filed by Kari Lake and Mark Finchem to challenge election procedures used in Arizona in 2022. Our brief was filed for the Maricopa County Republican Committee, 10 other county GOP committees, the Nebraska and New Mexico State Republican Parties, and CLDEF. Our brief discussed how the courts have repeatedly found Read More